SB 238, Prohibit Illegal Aliens from Receiving Worker's Comp

Re.: SB 238

This bill had some heated debate before the Senate committee. I'm all for enforcement of immigration laws, but believe this bill is mis-guided. I don't believe it will lower the costs of Worker's compensation (WC) and it will deny the payment of medical bills, for employees injured, on the job, if they are illegal residents. My fear is evil employers will seek out illegal workers and assign them unsafe jobs or an unsafe environment. Then if they get injured or sick, the employer weasels out of paying their WC claim.

Worker's Comp. is a compromise between labor and the employer. Workers give up the right to bring civil actions against their employers for injuries and employers, in return, give up their right to assert traditional common law defenses and agree to provide no-fault worker's compensation coverage.

I understand the strategy being used here. It's an attempt to deny any and all benefits to illegal residents. Then it's hoped they will simply self-deport. I agree with this for public benefits that involve tax dollars, in state college tuition, a driver's license, and a few other items. I just believe it's wrong to deny the medical benefits to an injured employee. Any employer worried about this, should merely use the E-Verify process to actually verify social security numbers.

The Senate Insurance Committe, voted to pass this bill last night. Provided it passes on the Senate floor, it will now go to the House. The House will have their hearings. So, it may be a while before an actual law is set "in place".

I will continue to oppose this bill, since it's grossly unfair to the employee, even if he/she is an illegal resident. They employer clearly has another option for protection - E-Verify.

State enforcement of immigration laws work. Look at OK's HB1804. It is similar to AZ's SB1070 and was passed in 2007. It was rulled Constitutional. It has been effective in getting illegal residents to self deport. Unemployment in OK is only 6.6% and the national average is 9.9%. I believe the rate in OH is higher.

OH also has an E-Verify bill, HB 184. It's bottled up in the Judiciary Committe.

LINK for SB 238 detail: http://www.legislature.state.oh.us/anal ... -i-128.htm

I think they should get workers comp but it should be pegged according to their potential income in their legal home country with the difference going to the government to be spent on investigating to find employers hiring illegal aliens.

And I believe that if an illegal files for workers comp., the employer should immediately pay all taxes that would have been due the government had the employer not been paying cash under the table.